| Serial Number | 79137182 |
| Word Mark | EMOTICON |
| Filing Date | Wednesday, August 21, 2013 |
| Status | 404 - IR CANCELLED - US REGISTRATION CANCELLED |
| Status Date | Sunday, August 20, 2023 |
| Registration Number | 4619141 |
| Registration Date | Tuesday, October 14, 2014 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, July 29, 2014 |
| Goods and Services | Coffee and chocolate coffee, tea, cocoa, sugar, artificial coffee, flour and preparations made from cereals, namely, breakfast cereals, cereal bars, processed cereals, bakery products, biscuit mixes, biscuits, cereal based snack food, flapjacks; bread, pastry; ices; honey, treacle; salt, mustard; vinegar, condiments, namely, sauces; spices and flavorings of almond; ice; fruit cake; chocolate and chocolate-based beverages; chocolates; candy; wafers; cakes; pastries; muffins; frozen confectionery; snack foods, namely popcorn, snack cakes, granola snacks, wheat-based snack food, cereal-based snack food, crisp bread, maize-based snack foods, rice-based snack foods, sesame sticks, snack bars, namely, granola-based snack bar, chocolate snack bars, candy snack bars, grain based food bars also containing dried fruit, grain, chocolate and nuts, muesli bars; confectionery, namely, sweets, fondants, pastilles, candy, fruit jelly candy, licorice, non-medicated lozenges, chocolate confections, confectionery made of sugar, boiled sweets, bubble gum, candy mints, candy cake decorations, chocolate bars, milk chocolate, chocolate biscuits, chocolate cakes, chocolate candies, chocolate chips, chocolate covered fruits, chocolate covered nuts, chocolate pastes, lollipops, candy with caramels, marshmallows, marshmallow toppings, peanut brittle, peanut butter confectionery chips, caramel popcorn, candy coated popcorn, chocolate covered popcorn |
| Description of Mark | The mark consists of the stylized word "EMOTICON". The letter "E" is shaded darker blue at the top and lighter blue at the bottom and has a black and white border around the bottom, with the black border going up the left side of the letter. The letter "M" is shaded lighter green at the top and darker green at the bottom and has a black and white border around the bottom of the letter. The first letter "O" is in shades of yellow and orange with a black border going around the letter and with a white inner border around the bottom of the letter and with a face on the letter "O" consisting of black eyebrows, white and blue eyes, black smiling mouth and red tongue sticking out. The letter "T" is shaded darker blue at the top and purple at the bottom, and has a black and white border around the bottom of the letter. The letter "I" is shaded yellow at the top and orange at the bottom and has a black outer border and a yellow inner border with a white middle border around the bottom of the letter. The letter "C" is in lighter red at the top and darker red at the bottom, with a black and white border around the bottom of the letter. The second letter "O" is in shades of yellow and orange with a black border going around it and with a face on the letter consisting of black eyebrows, white eyes with red heart shaped pupils, and black smiling mouth with red tongue. The letter "N" is shaded darker blue at the top and lighter blue at the bottom and has a black and white border around the bottom of the letter, with the black border going up the right side of the letter. |
| Indication of Colors claimed | The color(s) blue, green, yellow, orange, red, purple, black and white is/are claimed as a feature of the mark. |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, April 30, 2021 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Ontrack Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Ontrack Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Ontrack Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Event Date | Event Description |
| Sunday, March 17, 2024 | NOTIFICATION OF EFFECT OF CANCELLATION OF INTL REG E-MAILED |
| Sunday, March 17, 2024 | DEATH OF INTERNATIONAL REGISTRATION |
| Monday, July 11, 2022 | TOTAL INVALIDATION PROCESSED BY THE IB |
| Friday, May 6, 2022 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Friday, May 6, 2022 | INVALIDATION PROCESSED |
| Thursday, December 30, 2021 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, April 30, 2021 | CANCELLED SECTION 71 |
| Monday, October 14, 2019 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Thursday, July 27, 2017 | NEW REPRESENTATIVE AT IB RECEIVED |
| Thursday, May 18, 2017 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, February 10, 2017 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, December 16, 2016 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, April 3, 2015 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, March 13, 2015 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, March 13, 2015 | FINAL DISPOSITION PROCESSED |
| Wednesday, January 14, 2015 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, October 14, 2014 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, July 29, 2014 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, July 29, 2014 | PUBLISHED FOR OPPOSITION |
| Thursday, July 24, 2014 | NOTIFICATION PROCESSED BY IB |
| Wednesday, July 9, 2014 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, July 9, 2014 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, July 9, 2014 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Monday, June 23, 2014 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Monday, June 23, 2014 | ASSIGNED TO LIE |
| Friday, June 6, 2014 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, June 5, 2014 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, June 5, 2014 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, June 5, 2014 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Tuesday, June 3, 2014 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, June 3, 2014 | FINAL REFUSAL E-MAILED |
| Tuesday, June 3, 2014 | FINAL REFUSAL WRITTEN |
| Friday, May 23, 2014 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, May 23, 2014 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, May 23, 2014 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, May 23, 2014 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, May 23, 2014 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, December 31, 2013 | REFUSAL PROCESSED BY IB |
| Wednesday, December 11, 2013 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, December 11, 2013 | REFUSAL PROCESSED BY MPU |
| Wednesday, December 11, 2013 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, December 10, 2013 | NON-FINAL ACTION WRITTEN |
| Friday, December 6, 2013 | ASSIGNED TO EXAMINER |
| Friday, October 25, 2013 | APPLICATION FILING RECEIPT MAILED |
| Monday, October 21, 2013 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, October 18, 2013 | SN ASSIGNED FOR SECT 66A APPL FROM IB |